Following a divorce, there are several reasons you may consider moving to another state. Many people wish to be near a family support system. Others pursue new job opportunities that weren’t possible during their marriage. Some just want a fresh start.
However, the situation is complicated when shared children are involved, especially in cases of joint custody. Can you move your children out of state after a Michigan divorce? Here’s what you need to know.
Relocating With the Other Parent’s Consent
For obvious reasons, this is the easiest route when seeking permission to move to another state with your children. In some cases, the move may not significantly impact an existing arrangement, especially if you agree to facilitate travel for the children to enjoy their allotted time with the other parent.
However, even if you must adjust a court-ordered custody arrangement, the other parent may agree to allow an out-of-state move. Seeking permission in writing and filing for a modified custody arrangement with the court (if necessary) is the ideal way to prepare for your move.
Filing a Motion to Change Domicile
Unfortunately, moving your kids to another state can cause a major disruption for the other parent, especially when it comes to ensuring court-ordered custody is upheld. If the other parent will not consent to your request, you’ll have to file a motion to change domicile with the Michigan courts.
The court considers several factors when deciding whether to grant such motions. First and foremost, the best interests of children are considered.
How will the move impact time with the other parent? How will it affect the well-being, education, and community connections of children? Will the children gain or maintain a safe and stable environment or lose one due to the move? These are all questions the court will take into consideration.
Next, the court will look at parenting time and consider how both parents have followed the custody arrangement so far.
Finally, your motives for moving will be examined. For example, are you gaining financial benefits that will improve your and your children’s lives by moving for a better job? Or are you trying to withhold agreed parenting time from your ex-spouse? These factors may impact the court’s decision.
Adjusting Your Parenting Agreement
The best interests of children are the primary focus of Michigan courts when considering a motion to change domicile. As a result, the court will want to know how you plan to modify the existing child custody order to ensure visitation with the non-moving parent.
It may help if you submit your plan for maintaining or modifying the custody arrangement when presenting your case. Even if the motion to change domicile is approved, the court may require a modification of the child custody order before you can complete the move.
Moving After Divorce Isn’t Easy
Michigan courts are committed to preserving the best interests of children, even if that means denying your request to move to another state. However, a qualified lawyer can help you build and present your case to the court.
If you want to move your kids to another state after a Michigan divorce, contact the experienced and compassionate team at Gucciardo Family Law to learn more about your options.
